News & Events
News & Events
Court finds that the Secretary of State for Work and Pensions failed to carry out lawful assessments when converting individuals to Employment and Support Allowance (ESA), Fiona Scolding acted for the Respondent, Mr Robert Dukes.
News 21 May, 2015
John McKendrick has represented residents of a learning disabled community in North Yorkshire. For more than 60 years, the village of Botton has been home to people with learning disabilities who share accommodation with volunteer “house parents” and their families. The charity which manages the village, Camphill Village Trust, has proposed that “house parents” be treated as employees rather than volunteers, which the residents believe will gravely disrupt their lives. The three residents whom barrister John McKendrick has represented brought a challenge to the proposed plans, as a breach of their human rights. John told the court: “The claimants have enjoyed a private life both by way of developing relationships with others and also by respect for privacy in their…
News 16 Apr, 2015
Tim Green of Outer Temple Chambers was recently instructed by the HSE to prosecute Western Park Leicester Limited for a breach of s3 HSWA arising from the death of an elderly resident. Around 7.30 am on Monday 8 May 2012 Walter Powley fell in his room and was trapped against exposed hot water valves and pipes at 70 degrees Celsius. He sustained burns to his knees and legs which were a significant cause of his death 8 days later. Recorder Evans found the guidance available testifying to the danger posed from hot pipes to frail and elderly people was well known. Despite the company’s early guilty plea, the Judge fined the defendant £100,000 and ordered it to pay £35,000 costs.…
News 6 Feb, 2015
A landmark judgment has been handed down in the IBM Project Waltz proceedings, in which Outer Temple silks Andrew Spink QC and Nicolas Stallworthy QC appeared for the Trustee of IBM’s two principal UK defined benefit pension schemes and the Representative Beneficiaries respectively. In 2009 IBM announced that, with effect from 2011, the two schemes would close to further benefit accrual, IBM UK’s longstanding early retirement policy would become much more restrictive and salary increases would only be offered in future to members of the schemes if they signed “Non Pensionability Agreements” (under which any such increases would not count as “pensionable salary” so as to feed into the calculation of their past service benefits). This controversial package of proposals,…
News 6 Apr, 2014
Judgment was handed down by The Honourable Mr Justice Globe in the case of Ceri Leigh v The London Ambulance Service in which Christopher Gibson QC was representing the Claimant.
News 25 Feb, 2014
The claim arose out of allegedly negligent vascular surgery in 2008 which the Claimant contended had resulted in the above knee amputation of the 64 year old Claimant’s right leg. Specifically the Claimant criticised the surgeon’s use of a Dacron graft (as opposed to a vein graft) to bypass the diseased common femoral artery. After hearing extensive evidence from expert vascular surgeons (Professor Peter Bell for the Claimant and Mr Jonothan Earnshaw for the Trust) the trial Judge (Treverton-Jones QC) dismissed the claim.
News 6 May, 2013
